How To Get Spouse Out of House After Divorce

Hey, what's up everyone? Welcome to Illinois divorce TV. I'm Chicago attorney Bobby Buchanan. Today's question is how do I get my spouse out of the house after divorce if he or she is not leaving? So you are divorced in your judgment. You were awarded the house and your spouse had 30 days to get out of the house, or maybe it was 90 days. Whatever it is, that amount of time has passed and they're not leaving. You've tried to be reasonable. They've said, Hey, you know, can you give me two more weeks? Then I'll get out, uh, you know, I'm just looking for another place or I'm trying to lock in my employment, save up money, whatever it is. You've been reasonable, but enough is enough. They got to get out of the house. So what do you do? Well, you need to go back into court to enforce the judgment for dissolution of marriage.

The way that you enforce it is you file a petition for rule to show cause why your spouse should not be held in indirect civil contempt. That is a mouthful, a long phrase that basically just means that you're telling them, you got to go tell the judge why you're not getting out of the house and your reason better be really, really, really good. And 99.9% of the time that they're, their reason is not good enough. The judge says, you're in contempt. You have to get out of the house within 14 days, and if you're not out of the house within 14 days, the sheriff is going to put you in handcuffs and haul you out of the house. So that's the long and short of how it works. Oh, by the way, another aspect of it is if you hire an a lawyer to do this, your lawyer can ask to be or, or you can ask to be reimbursed for your attorney's fees that you had to spend because they're not following the court order. Makes logical sense, right? Hope that clears up everything for you in this room as far as this question goes, uh, just stumbled over my words there. If you have any comments or questions or concerns, let me know down below this video. Happy to continue the conversation down there and I'll talk to you soon.

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